Category Archives: Child Welfare

ICWA Links and Resources from Arizona Talk

I gave a talk last week in Arizona. Here are some links and resources from that presentation: The presentation Cases I discussed: In re T.A.W. In re D.H. Jr. In re A.O. In re L.M.B. Carter v. Washburn/Goldwater class action … Continue reading

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Billings Gazette Piece on the ICWA Court in Yellowstone County

Here. “ICWA is the gold standard for children in foster care,” said Sheldon Spotted Elk, director of the Indian Child Welfare Program for the Casey Family Foundation. The law requires “active efforts” to maintain the child safely in his or … Continue reading

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Doe v. Jesson Case (MN Federal ICWA Case) Dismissed as Moot

Here is the opinion. After two years, the Minnesota federal district court dismissed the voluntary adoption case challenging the provisions of the Minnesota Indian Family Preservation Act (MIFPA) allowing for notice and intervention of a child’s tribe in the proceedings. … Continue reading

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Kansas ICWA Case–Ineffective Representation

Here. Sometimes I’m just left sputtering: Initially, Dan Arkell-Roca represented Mother. According to the proffered testimony at the district court’s hearing on this matter, Arkell-Roca obtained Mother’s signature on her no-contest statement to the State’s child in need of care … Continue reading

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Ohio Court of Appeals ICWA Inquiry Case

Here.

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Cert Petition Filed in ICWA Case out of Arizona

Here is the petition in S.S. v. The Colorado River Indian Tribes. Goldwater has filed cert on an Arizona Court of Appeals case the Arizona Supreme Court refused to review. Here is the Court of Appeals case. Sorry for the … Continue reading

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First Nations and Province of Newfoundland & Labrador Enter MOU to Investigate Child Welfare Issues

Article here. Anastasia Qupee, grand chief of the Innu Nation, said it has been “a long road” pressuring government to listen to concerns that children sent away from Labrador find it hard to reintegrate. “It’s a start for government to … Continue reading

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Final Version of Fletcher & Singel’s “Indian Children and the Federal-Tribal Trust Relationship” Now Available

Fletcher and Singel will published “Indian Children and the Federal-Tribal Trust Relationship” in the Nebraska Law Review.

Posted in Author: Matthew L.M. Fletcher, Author: Wenona T. Singel, Child Welfare, ICWA, legal history, Michigan Indian, Scholarship | Tagged , , | 1 Comment

ICWA Qualified Expert Witness Case out of Kansas Court of Appeals

Here. This case has a lot of problems, but the biggest one is the lack of a qualified expert witness at the adjudication phase. The court describes child welfare proceedings as falling into two phases: Proceedings that end in termination … Continue reading

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Alaska ICWA Qualified Expert Witness and Active Efforts Case

Here. This case delves deeply into the qualifications of a qualified expert witness under the 2015 BIA Guidelines. Those requirements were pretty specific, and as the court points out, prioritized cultural knowledge of the child’s tribe. The 2015 Guidelines don’t … Continue reading

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